S 10570 NY

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Bill No.: Summary Actions Committee&nbspVotes Floor&nbspVotes Memo Text LFIN Chamber&nbspVideo/Transcript S10570 Summary: BILL NO S10570 &nbsp SAME AS No Same As &nbsp SPONSOR BAILEY &nbsp COSPNSR &nbsp MLTSPNSR &nbsp Add Art 28-EE §§490-aa - 490-ee, Gen Bus L &nbsp Requires commercial dealers of products made available or placed for sale in this state to inform the secretary of state of any recalls on such products; directs the secretary of state to inform people of such recalls.

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STATE OF NEW YORK ________________________________________________________________________

10570

IN SENATE

May 26, 2026 ___________

Introduced by Sen. BAILEY -- read twice and ordered printed, and when printed to be committed to the Committee on Consumer Protection

AN ACT to amend the general business law, in relation to notifying people of recalled products

The People of the State of New York, represented in Senate and Assem- bly, do enact as follows:

1 Section 1. The general business law is amended by adding a new article 2 28-EE to read as follows: 3 ARTICLE 28-EE 4 RECALL NOTIFICATION 5 Section 490-aa. Definitions. 6 490-bb. Product recall requirements; commercial dealer. 7 490-cc. Product recall requirements; secretary of state. 8 490-dd. Enforcement. 9 490-ee. Promulgation of rules and regulations. 10 § 490-aa. Definitions. For the purposes of this article, the following 11 terms shall have the following meanings: 12 1. "Department" means the department of state. 13 2. "Commercial dealer" means any person who is in the business of 14 manufacturing, remanufacturing, retrofitting, distributing, importing, 15 or selling at wholesale any product in New York state. This definition 16 shall not be construed to include retailers, initial consumers, or 17 secondhand dealers. 18 3. "Secretary" means the secretary of state. 19 4. "Initial consumer" means a person who purchases a product for any 20 purpose other than resale. 21 5. "Secondhand dealer" means a person who sells as a primary source of 22 income reconditioned, remanufactured, refurbished, previously owned, or 23 consignment items. Such term shall not include the initial consumer or 24 someone who purchases a product primarily for personal use but who 25 subsequently sells the product. 26 6. "Person" means a natural person and any entity, including but not 27 limited to a sole proprietorship, partnership, firm, corporation, limit- 28 ed liability company, or association, and any employee or agent thereof.

EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD15963-01-6

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1 7. "Recall" means a request to return a product to the manufacturer 2 due to a defect in the product. 3 8. "Retailer" means any person who as a business or for-profit venture 4 sells or leases products for-profit in New York to initial consumers. 5 Such term shall not include: (a) someone who purchased or acquired a 6 product primarily for personal use and who subsequently resells the 7 product; or (b) any secondhand dealer. 8 9. "Knowledge" means: (a) the receipt of notice or having actual know- 9 ledge; or (b) the presumed having of knowledge deemed to be possessed by 10 a reasonable person who acts in the circumstances, including knowledge 11 obtainable upon the exercise of due care. 12 § 490-bb. Product recall requirements; commercial dealer. 1. When a 13 commercial dealer has made available or placed for sale in this state a 14 product for which a recall has been issued, the commercial dealer shall, 15 within twenty-four hours of issuing the recall, provide notification to 16 the department of such recall. 17 2. All notices under this section shall include, in a clear and 18 conspicuous fashion: 19 (a) a description of the product. 20 (b) the reason for the recall. 21 (c) a picture of the product, if available. 22 (d) instructions on how to return or exchange the recalled product. 23 (e) any other information the secretary shall require. 24 3. No notice under this section shall include sales or marketing 25 information on that product or any other product other than return and 26 exchange policies. 27 § 490-cc. Product recall requirements; secretary of state. 1. The 28 secretary shall: 29 (a) display on the homepage of the department's website a link to all 30 products made available or placed for sale in this state for which a 31 recall has been issued and for which the secretary has knowledge of such 32 recall. 33 (b) provide a method for commercial dealers to give notice to the 34 secretary, as required under section four hundred ninety-bb of this 35 article, in a form prescribed and made available by the secretary. 36 2. Within seven days of receiving a notice from a commercial dealer of 37 a recall, the secretary shall: 38 (a) update the department's website to include all information in the 39 notice from the commercial dealer related to such recall. 40 (b) issue public service announcements to be distributed to television 41 and radio stations and other media throughout the state informing the 42 public of such recall. Such public service announcements shall be 43 distributed in English and such other languages as the secretary deems 44 appropriate. 45 § 490-dd. Enforcement. 1. Where it is determined after a hearing that 46 any person has violated one or more provisions of this article, the 47 secretary may assess a civil penalty for each violation. Any proceeding 48 conducted pursuant to this section shall be subject to the state admin- 49 istrative procedure act. 50 2. The department shall provide the attorney general any information 51 on violations of this section that are necessary for the purposes of 52 enforcement by the attorney general pursuant to section sixty-three of 53 the executive law. 54 3. The secretary or their designee may administer oaths and take affi- 55 davits in relation to any matter or proceeding in the exercise of the 56 powers and duties under this article. The secretary or their designee

S. 10570 3

1 may subpoena and require the attendance of witnesses and the production 2 of books, papers, contracts and any other documents pertaining to any 3 investigation or hearing conducted pursuant to this article. 4 4. If any person refuses to comply with a subpoena issued under this 5 section, the department may petition a court of competent jurisdiction 6 to enforce the subpoena and such sanctions as the court may direct. 7 5. Nothing in this section shall be construed to restrict any right 8 which any person may have under any other statute or at common law. 9 § 490-ee. Promulgation of rules and regulations. The secretary shall 10 promulgate rules and regulations to administer this article. 11 § 2. This act shall take effect on the first of January next succeed- 12 ing the date on which it shall have become a law. Effective immediately, 13 the addition, amendment and/or repeal of any rule or regulation neces- 14 sary for the implementation of this act on its effective date are 15 authorized to be made and completed on or before such effective date.

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